The Louisiana Legislature met in a special session at the request of Governor Landry in February and passed several new laws impacting the criminal justice system.

Taking effect on July 1, 2024, the legislature has extended the conditions for which a driver who is arrested for driving while intoxicated must be required to install an ignition interlock in their vehicle.

The legislature increased the period of suspension for a first breath test with a result over a .08 from 90 days to 6 months (unless the arrested individual is under 21). An ignition interlock is now required for reinstatement and/or hardship qualifications for any refusal, whether a first or a fifth.

Finally, and probably most consequentially, the legislature now requires the Court to order for any DWI conviction that the defendant not drive a motor vehicle unless that vehicle has been equipped with a functioning ignition interlock device. For a first conviction, this requirement would be in place for 6 months. For a second conviction, this requirement would be in place for four years.

The one positive change to the DWI laws made by the legislature this term is that installations of ignition interlock devices for submissions or refusals to breath tests can now be given credit toward installations for convictions, which means an individual will not be required to install an ignition interlock device twice to meet the requirements of both statutes.

If you or someone you know is facing criminal prosecution for a DWI and you would like to schedule a consult, give us a call at (318) 459-9111 to schedule a consultation.

Yes.

Driving While Intoxicated in Louisiana prohibits the 

operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:

1. The operator is under the influence of alcoholic beverages.

2. The operator’s blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.

3. The operator is under the influence of any controlled dangerous substances listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.

4. (i) The operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.
   …

5. (i) The operator is under the influence of one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.
   …

La. R.S. 14:98A(1). Further, if you are under the age of 21, it is illegal to operate a motor vehicle with a BAC of .02. La. R.S. 14:98.6.

What all of the above means is that, in order to prove a person is operating a vehicle while intoxicated, the State of Louisiana must prove: (1) that the person was operating a motor vehicle and (2) that the person was “under the influence” of alcoholic beverages. This can be done in a number of ways: via presumption if the driver submits to a breath test, blood test, or urine test, and the results show a BAC of .08 or above; or if the driver performs poorly on Standardized Field Sobriety Tests (SFSTs) and sufficient other evidence shows that the driver is under the influence of alcohol, controlled dangerous substances, or other drugs.

If you or someone you know has been arrested for Driving While Intoxicated or Underage Driving While Intoxicated, give us a call at (318) 459-9111 to set up a consult.

In Louisiana, when a person is arrested for Driving While Intoxicated (DWI), his driver’s license will also be suspended in an administrative proceeding that is entirely separate from the criminal prosecution.

The first step in this process occurs during the arrest, itself. During the arrest, law enforcement will read a series of instructions and regulations to the arrested person advising him of his rights related to the breathalyzer.

The law at the time of this writing requires a person operating a motor vehicle on the public highways of Louisiana to submit to a chemical test of his blood, breath, or other bodily substance if an officer believes he is operating or “in actual physical control” of a motor vehicle and a law enforcement officer has “reasonable grounds to believe he is under the influence of alcohol beverages or “any abused substance or controlled dangerous substance.” (La. R.S. 32:661).

If the arrested person refuses to submit to testing or submits to testing and his results are above the legal limit of .08 (or .02 in the event the arrested person is under the age of 21), his driver’s license will be suspended for a period ranging from 90 days to 365 days. In order to reinstate his driver’s license after a DWI arrest, an arrested person usually must provide proof of additional auto insurance (SR-22) and install an ignition interlock device in any vehicle he operates. 

The arrested person has 30 days to appeal the suspension of his driver’s license.

If you have been arrested for DWI and are concerned about the status of your driver’s license, please call us for a consult at (318) 459-9111.

Effective August 1st, 2020, the Louisiana legislature added Louisiana Revised Statutes 14:98.5.1 to the mass of laws governing the potential penalties for those convicted of Driving While Intoxicated. This particular statute allows a court to order a person convicted of a second or higher offense of driving while intoxicated to undergo an assessment to determine whether a diagnosis of alcohol or drug dependence is appropriate in keeping with the diagnostic criteria of the most recent Diagnostic and Statistical Manual (DSM) published by the American Psychiatric Association. This assessment must be paid for by the person convicted. The assessment must consider whether the individual would benefit from a court-approved, FDA-approved, medication-assisted treatment program.

After the assessment, the court may refer the person to a rehabilitation center that offers the approved medication and treatments.

If you or someone you know is facing DWI charges, call us at (318) 459-9111 to set up a consult.

Both the United States Constitution and the Louisiana State Constitution, according to the US Supreme Court and the Louisiana Supreme Court, allow for law enforcement to set up checkpoints for various offenses. The Courts have allowed for checkpoints for the purpose of stopping and arresting intoxicated drivers, people operating their vehicles without insurance and without seatbelts, among other things.

In order for a checkpoint to pass constitutional muster, it must meet some requirements:

1. The location, time, and duration of the checkpoint, as well as any other regulations governing the operation of the checkpoint must be established by supervisory or administrative personnel with the law enforcement agency who are not involved in the operation of the checkpoint, itself. It is not required, but the cases recommend that these regulations be memorialized in writing.)

2. The law agency must provide advance warning to motorists using signs, flares, or other indicators of the official nature of the checkpoint.

3. The motorists must be detained for a minimal period of time.
   and

4. The officers must use a systematic, nonrandom criteria for stopping motorists.

The purpose of these rules is the “curtail the unbridled discretion of officers in the field.” State v. Jackson, 764 So.2d 64 (2000).

If you have questions about an arrest arising from a law enforcement checkpoint, call us at (318) 459-9111.

In Louisiana, when a person is arrested for Driving While Intoxicated (DWI), his driver’s license will also be suspended in an administrative proceeding that is entirely separate from the criminal prosecution.

The first step in this process occurs during the arrest, itself. During the arrest, law enforcement will read a series of instructions and regulations to the arrested person advising him of his rights related to the breathalyzer.

The law at the time of this writing requires a person operating a motor vehicle on the public highways of Louisiana to submit to a chemical test of his blood, breath, or other bodily substance if an officer believes he is operating or “in actual physical control” of a motor vehicle and a law enforcement officer has “reasonable grounds to believe he is under the influence of alcohol beverages or “any abused substance or controlled dangerous substance.” (La. R.S. 32:661).

If the arrested person refuses to submit to testing or submits to testing and his results are above the legal limit of .08 (or .02 in the event the arrested person is under the age of 21), his driver’s license will be suspended for a period ranging from 90 days to 365 days. In order to reinstate his driver’s license after a DWI arrest, an arrested person usually must provide proof of additional auto insurance (SR-22) and install an ignition interlock device in any vehicle he operates. 

The arrested person has 30 days to appeal the suspension of his driver’s license. 

If you have been arrested for DWI and are concerned about the status of your driver’s license, please call us for a consult at (318) 459-9111.

Yes.

Driving While Intoxicated in Louisiana prohibits the 

operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:

1. The operator is under the influence of alcoholic beverages.

2. The operator’s blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.

3. The operator is under the influence of any controlled dangerous substances listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.

4. (i) The operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.
   …

5. (i) The operator is under the influence of one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.
   …

La. R.S. 14:98A(1). Further, if you are under the age of 21, it is illegal to operate a motor vehicle with a BAC of .02. La. R.S. 14:98.6.

What all of the above means is that, in order to prove a person is operating a vehicle while intoxicated, the State of Louisiana must prove: (1) that the person was operating a motor vehicle and (2) that the person was “under the influence” of alcoholic beverages. This can be done in a number of ways: via presumption if the driver submits to a breath test, blood test, or urine test, and the results show a BAC of .08 or above; or if the driver performs poorly on Standardized Field Sobriety Tests (SFSTs) and sufficient other evidence shows that the driver is under the influence of alcohol, controlled dangerous substances, or other drugs.

This New Year’s Eve, if you are going to celebrate, please drink responsibly and arrange for alternate transportation.

Happy New Year from Gilmer & Giglio!

In Louisiana, when a person is arrested for Driving While Intoxicated (DWI), his driver’s license will also be suspended in an administrative proceeding that is entirely separate from the criminal prosecution.

The first step in this process occurs during the arrest, itself. During the arrest, law enforcement will read a series of instructions and regulations to the arrested person advising him of his rights related to the breathalyzer.

The law at the time of this writing requires a person operating a motor vehicle on the public highways of Louisiana to submit to a chemical test of his blood, breath, or other bodily substance if an officer believes he is operating or “in actual physical control” of a motor vehicle and a law enforcement officer has “reasonable grounds to believe he is under the influence of alcohol beverages or “any abused substance or controlled dangerous substance.” (La. R.S. 32:661).

If the arrested person refuses to submit to testing or submits to testing and his results are above the legal limit of .08 (or .02 in the event the arrested person is under the age of 21), his driver’s license will be suspended for a period ranging from 90 days to 365 days. In order to reinstate his driver’s license after a DWI arrest, an arrested person usually must provide proof of additional auto insurance (SR-22) and install an ignition interlock device in any vehicle he operates. 

The arrested person has 30 days to appeal the suspension of his driver’s license. 

If you have been arrested for DWI and are concerned about the status of your driver’s license, please call us for a consult at (318) 459-9111.